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Ash, Solicitor

Category: Law

Satisfied Customers: 10916

Experience: Solicitor with 5+ years experience

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My children went to a private school, but I lost my job and

Customer Question

My children went to a private school, but I lost my job and could no longer afford the fees, so had to remove them from the school, they are now attending a normal school but the burser of the private school is refusing to release the children from the school until I have paid the fees, as I am no longer working I cannot afford to pay the fees, also if the new school can't get the children's files by the 10th of October they will have to send them back to the private school, as they won't get funding for them, and like I said I can't afford to send them there so that would leave my children with no school, can the school do this ?

Do the terms and conditions allow them not to release the children please?

JACUSTOMER-hdbz3u2k- :What do you mean

Alex Watts :Do the terms and conditions which you signed allow them to retain the records please?

JACUSTOMER-hdbz3u2k- :I never signed a contract, I have asked other parents who also say they never signed a contract either, only thing in the terms and conditions is price of fees, when they have to be paid and period of notice need for leaving the school

Alex Watts :

Then they can not withhold documents, they have no power. No signed contract means they can not hold onto them.

Alex Watts :

You should formally write and ask for the documents failing which you will seek a Court order that they are delivered up to you.

Alex Watts :

If they refuse then you can issue proceedings. You would need to complete form N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

You are asking the Court for an Order that they provide you with the documents.

Alex Watts :

The Court will send a copy to the school who can defend the matter.

Alex Watts :

The court will list the matter for a hearing and decide whether to make an order to deliver up the files.

Alex Watts :

If the Court does and the school refuses, this is contempt of Court and they can be warned, fine or officers sent to prison

Alex Watts :

Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.

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